This rule governs transportation procedures for individuals taken into involuntary custody under Florida's Baker Act (mental health) or Marchman Act (substance abuse), requiring law enforcement officers and other transporters to provide receiving facilities with specific initiating documents and to complete a transportation form documenting the transport. It specifies which standardized forms must accompany the individual, outlines conditions under which law enforcement may delegate transport to emergency medical or private transport services, and requires the completed form to be retained in the individual's clinical record.
View official source65E-5.260 Transportation. (1) Each law enforcement officer or other transporter who takes an individual into custody for involuntary examination under the Baker Act shall provide the receiving facility or access center the original or an electronic copy of one of the following: (a) Form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” which is incorporated by reference in 65E-5.280, F.A.C., or other form provided by the court; (b) Form CF-MH 3052a, “Report of a Law Enforcement Officer Initiating Involuntary Examination,” which is incorporated by reference in 65E-5.280, F.A.C.; or (c) Form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” which is incorporated by reference in 65E-5.280, F.A.C. (2) Each law enforcement officer or other transporter who takes an individual into custody for involuntary admission under the Marchman Act shall provide the receiving facility or access center the original or an electronic copy of one of the following: (a) Form CF-MH 4057, (August 2025), “Certificate of Professional for Emergency Assessment for Substance Abuse Services,” which is incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-18460" https://flrules.org/Gateway/reference.asp?No=Ref-18460 ; or (b) Form CF-M 4002, (August 2025), “Report of Law Enforcement Officer Initiating Protective Custody,” which is incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-18461" https://flrules.org/Gateway/reference.asp?No=Ref-18461 . (3) The designated law enforcement agency or other transporter shall transport the individual to the most appropriate facility pursuant to the county’s approved transportation plan, documenting this transport on Form CF-MH 3100, (August 2025), “Transportation to Receiving Facility,” which is hereby incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-18462" https://flrules.org/Gateway/reference.asp?No=Ref-18462 . Section 394.463(2)(a)2. F.S. contains requirements if law enforcement is transporting a minor. The designated law enforcement agency may decline to transport an individual to a receiving facility if the county has contracted with an emergency medical transport service or private transport company or as stated in the transportation plan, and the law enforcement agency and the emergency medical transport service or private transport company agree that the continued presence of law enforcement personnel is not necessary for the safety of the individual or others. Part II of Form CF-MH 3100, “Transportation to Receiving Facility,” documenting the agreement between law enforcement and the transport service shall accompany the individual to the receiving facility. When the transportation is conducted by a mental health overlay program or a mobile crisis response service, the program or service shall complete Part III of Form CF-MH 3100 “Transportation to Receiving Facility,” which shall accompany the individual to the receiving facility. The completed form shall be retained in the individual’s clinical record. Rulemaking Authority 394.457(5) FS. Law Implemented 394.462, 394.463 FS. History–New 11-29-98, Amended 4-4-05, 1-8-07, 7-5-16, 8-23-23, 10-16-25.